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Steps of the Divorce Process

An undefended divorce typically takes between four and six months.   This length of time may be extended in large cities, such as London, where the court system handles a large amount of divorce cases.  Couples may separate before a divorce, which simply involves living in separate residences.  Each spouse should seek the help of a solicitor to understand all the options regarding divorce.  A deed of separation, which is a record of the spouses’ agreements relating to financial matters, children, and divorce plans, may be written.  Divorces will not be granted to couples married for less than one year.

The first step in the divorce process is filing a petition with the court.  The spouse requesting the divorce is referred to as the petitioner.  The petition is a written statement declaring that the petitioner wishes to obtain a divorce from his or her spouse.  The spouse receiving the petition is referred to as the respondent.

After reviewing the petition, the court serves the respondent with the petition.  Once the respondent reviews the petition, he or she files an acknowledgement of service form.  This informs the court that the respondent received the petition and will not defend the divorce.  In the case of a defended divorce, a court hearing will be necessary. 

The petitioner files a written application for directions, which is a formal request for the divorce.  The district judge reviews each application for directions and all evidence associated with this form and determines whether or not the case is acceptable.  If the judge does not accept the application for directions, the petitioner is asked for more information or an open court hearing date is scheduled.  Most divorce cases are accepted and are placed on the special procedure list.  The special procedure list is a record of undefended divorce cases which is read aloud by the judge in open court.  The divorcing parties do not need to be present for this reading.  The date for the decree nisi and costs are determined, and this information is sent to both spouses.  The decree nisi indicates that the court agrees with the continuation of the divorce.  Arrangements for the children are determined at this point.

The petitioner may file for the decree absolute, which officially ends the marriage, six weeks after the decree nisi is issued.  Any objections to the divorce by the respondent must be made within these six weeks.  If the petitioner fails to apply for the decree absolute, the respondent may apply after an additional three months.  A court hearing is required if the respondent applies for the decree absolute.

2008-02-16

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2008-02-10
It makes financial sense for men to divorce or leave their partners, a study has found.

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